The Town Supervisor called the meeting to order at 7:04 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. The roll was then taken with the following Town Officials and Department Heads being present during the progress of the meeting:

TOWN BOARD MEMBERS: Councilman Donald C. Backman

Councilman John C. Waszkiewicz III

Councilman David W. Butler

Councilman Richard B. Woodland, Jr.

Supervisor Ralph B. Humphreys

OTHER TOWN OFFICIALS: Highway Superintendent Roger A. Cleveland

Parks and Recreation Director Michael W. Jeffery

Police Chief Raymond Philo

Town Clerk Gail Wolanin Young, CMC/RMC and Deputy Town Clerk II Nancy E. Kneller

OTHERS: Attorney for the Town, Vincent Rossi, Jr

Thereafter, a quorum was declared present for the transaction of business.

The heroic efforts of New Hartford Assistant Fire Chief Paul Lewis, Firefighter Robert Matt and New Hartford Police Officers Raymond Hamo and Michael Reilly were recognized by New Hartford Fire Chief David Reynolds and Town Police Chief Raymond Philo. These public safety workers responded to a Barley Mow Run house fire on November 2, 2003 around 3:00 A.M., entering the premises without the protection of a hose line or breathing apparatus. With heavy smoke coming from the second floor, these public safety workers put their own safety aside and successfully assisted the seven (7) occupants to safety.

Assemblyman David Townsend then read a citation issued by the New York State Assembly, honoring each of the firefighters/police officers and providing a copy to each.

New Hartford Village Mayor Donald J. Ryan and Town Supervisor Ralph B. Humphreys recognized the heroic measures of the firefighters/police officers, giving each individual a Proclamation issued by the respective municipal boards.

In conclusion, Police Chief Philo presented Valor Awards to Police Officers Hamo and Reilly, while Fire Chief Reynolds presented Valor Awards to Firefighters Lewis and Matt.

Assessor Smith, Supervisor Humphreys and Councilman Backman had attended an annual assessment workshop sponsored by the State in early September 2003; during the in-put and feed-back portion of the workshop, it was learned that many other municipalities have experienced the same kinds of problems with their re-assessment program. The Assessor sought the Town Board’s in-put at their leisure.

On December 1, 2003 the Assessor met with Maxwell Appraisal Service, the contractor working on the re-assessment program. Letters have been sent out to homeowners whose property(ies) needs to be re-inspected with some responses having been received from the homeowners. The Assessor will meet with the Assessor Committee to discuss the matter further. Councilmen Waszkiewicz and Backman agreed that if the State is going to hold the equalization rate over the Town, that the Town Board might consider getting out of the re-assessment program – didn’t want to have four (4) years of not having the entire town reviewed.

Other matters discussed were office space for the staff of Maxwell Appraisal and computer availability/secure access to the Assessor’s computer located at the Sanger Public Works Garage.

Councilman Waszkiewicz has contacted the Towns of Amherst and Tonawanda for information on their Web-based assessment program and he inquired whether Town Webmaster James or Cathy Lawrence would communicate with Amherst about their program. Webmaster James Lawrence agreed to do so.

Upon recommendation of the Parks and Recreation Director, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Parks and Recreation Department, commencing December 4, 2003 for the duration of the 2003-04 Winter Recreation Program; all wages to be paid bi-weekly:

Gregory Jones Zamboni Driver $7.90/hour

Shauna Noggle Ice Attendant $5.75/hour.

Whereupon, the Town Board voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was then declared unanimously carried and duly adopted.

The Parks and Recreation Director received a letter from LSK Enterprises who would like to buy the Town’s 1980 Zamboni, Model 500, for Five Hundred Dollars ($500). After Board discussion, the Parks and Recreation Director was asked to contact the City of Utica and Town of Kirkland to determine whether they might want to purchase the 1980 Zamboni for parts … at more than the LSK offer.

The Town’s grant applications for an outdoor skating rink and a splash park are still being reviewed by the State.

The Highway Superintendent reported that only one (1) bid was received December 2, 2003 for a Sewer/Catch Basin Cleaning Machine:

• Tracey Road Equipment – Base Bid……………………………… $224,685

Alternate #1 w/trade-in………………..$199,685

Spray bar (for street washing), add on. $ 2,100.

Upon recommendation of the Highway Superintendent, the following Resolution was offered for adoption by Councilman Backman and duly seconded by Councilman Woodland:

WHEREAS, the Town Superintendent of Highways did, on the 3rd day of December 2003, duly recommend the purchase of certain equipment pursuant to the provisions of Section 142 of the Highway Law;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize the Town Superintendent of Highways to purchase, in accordance with the provisions of Article 5-A of the General Municipal Law, and with the approval of the County Superintendent of Highways, one (1) Heavy Duty Chassis with Chassis Mounted Combination Sewer and Catch Basin Cleaning Machine with spray bar, as per Town specifications, at a maximum price of Two Hundred Twenty-six Thousand Seven Hundred Eighty-five Dollars ($226,785.) from Tracey Road Equipment, 6803 Manlius Center Road, East Syracuse, NY 13057, the low bidder. Said equipment shall be delivered at the Sanger Public Works Garage, 111 New Hartford Street, New Hartford, New York, by April 1, 2004.

The Town Superintendent of Highways is authorized (subject to the approval of the County Superintendent of Highways if value exceeds $1,000) to surrender one (1) 1986 Mack truck, VIN 1M2K125C7GM009801 to said Tracey Road Equipment at an agreed trade-in value of Twenty-five Thousand Dollars ($25,000).

A contract for the item(s) purchased shall be duly executed in triplicate between the Town Superintendent of Highways and such vendor and when approved by the County Superintendent of Highways, it shall become effective. When the contract has been executed and approved, and upon delivery of the item(s) purchased, the Town Supervisor shall pay the amount of Two Hundred One Thousand Seven Hundred Eighty-five Dollars ($201,785) from the 2004 budgetary appropriations for purchase of equipment.

Upon roll call, the Town Board voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Relative to prior Board discussion about recognizing the New Hartford School Marching Band for achieving State Champion status, Councilman Butler introduced the following Resolution for adoption, seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board does hereby authorize the Highway Department (Buildings and Grounds Department division) to prepare eight (8) signs to be erected within the Town, recognizing the achievement of the New Hartford School Marching Band as State Champions in a recent competition.

Highway Superintendent Cleveland acknowledged that funds were available in his budget. Thereafter, the Supervisor polled the Board members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Highway Superintendent will meet December 4, 2003 with Mrs. Zammiello’s neighbor to review an easement description in anticipation of acquiring a second easement to resolve the drainage matter at this location.

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Butler:

RESOLVED that the New Hartford Town Board does hereby appoint Jamie Neale as a Part-time, Seasonal Laborer (Temporary Wingman) for the Highway Department, commencing December 1, 2003, at an hourly wage of Seven Dollars and Seventy-five Cents ($7.75), payable bi-weekly; the employment application of Mr. Neale has been reviewed and approved by the Oneida County Department of Personnel.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Upon request of the Highway Superintendent, Councilman Butler presented the following Resolution and moved its adoption, which was seconded by Councilman Waszkiewicz:

RESOLVED that the New Hartford Town Board shall receive sealed bids for the purchase of one (1) new Backhoe/Loader, in accordance with Town specifications, from the 2004 Budget; all bids are to be received by the Town Clerk’s Office no later than 10:45 A.M. on Wednesday, December 17, 2003 and then shall be publicly opened and read aloud at 11:00 A.M. on said date and in said Office; and be it

FURTHER RESOLVED that the said Town Board hereby authorize and direct the Town Clerk to publish the legal requisite Advertisement-Invitation to Bid in The Observer Dispatch.

Town Supervisor Humphreys asked the Town Clerk if there was sufficient time for publication of the legal notice; the Town Clerk had not received information as to the legal advertisement or the bid specifications and noted that the schedule was "tight" as far as publishing the legal ad and offering sufficient time for bidders to pick up specifications and submit a proposal by December 17^th. Superintendent Cleveland confirmed he would furnish the Town Clerk with the necessary information prior to newspaper-s deadline of 9:00 A.M. on December 4, 2003. Thereafter, the Town Board voted upon roll call as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Upon recommendation of the Highway Superintendent and Deputy Highway Superintendent and after Board discussion, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Butler:

WHEREAS, during the winter season, particularly during the evening hours, when snowplow operators exit their vehicle in a snowstorm, it is difficult for other motorists to see them; and

WHEREAS, safety of the Highway Department crews is of paramount concern;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize the Highway Superintendent to purchase a reflective jacket, as part of cold weather clothing, for each Highway Department employee who performs outside work during the winter months. The Board further authorizes the transfer of Two Thousand Dollars ($2,000) from the Stormwater Culvert budget line item to the Clothing budget line item to cover this expense.

Upon questioning, the Highway Superintendent responded that the life expectancy of the jackets would be five (5) and confirmed that the jackets would remain Town property. Whereupon, the Town Board voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Attorney Rossi confirmed that the Town can post equipment for sale on E-bay; therefore, Councilman Waszkiewicz introduced the following Resolution for adoption, seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby declare the Recreation Center 1980 Zamboni, Model 500 Ice Resurfacer, Serial No. 500-3003, as surplus

equipment and does further authorize and direct Councilman Donald C. Backman to post said Ice Resurfacer for public sale on E-bay, with a starting base sale price of Five Hundred Dollars ($500).

The Town Board then voted upon roll call:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

Upon recommendation of Town Clerk Gail Wolanin Young, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Clerk to purchase the Town’s Code Book in PC-Code and E-Code format from General Code Publishers at a maximum cost of Fourteen Hundred Ninety-five Dollars ($1495), plus shipping and handling; the PC-Code format will be accessible to Department Heads and the E-Code format will be posted to the Town’s Web Site for viewing by the general public.

The annual maintenance fee will include all updates to the Town Code. Whereupon, the Town Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was thereafter declared unanimously carried and duly adopted.

• Grant Writing update – Connie Miner & Herkimer-Oneida County Community Foundation – Ms. Miner spoke with the Attorney for the Community Foundation and outlined three (3) options for establishing a 501 3 C.
• Material storage & office layout analysis - two (2) companies will submit proposals by the December 17, 2003 Town Board meeting
• New York Mills annexation of specified properties – The Public Hearing is December 17, 2003 – 6 PM at the New York Mills Village Offices. Attorney Rossi thanked the Town Clerk for her help in getting letters out and remembering SEQR.
• Arlington Terrace sidewalk repair and replacement petition – Councilman Waszkiewicz presented the Town Clerk with Petitions requesting sidewalk repair on Arlington Terrace; Highway Superintendent Cleveland stated this work has been budgeted and is scheduled for 2004
• Higby Road water tank update – appears that residents are strongly in favor of the water tank and it also appears the Town of Frankfort does not want the tank in their municipality. The next step is to identify sites and consult with attorneys. Couple people not in favor at the 5:30 P.M. informational meeting held in Butler Memorial Hall, prior to this Board meeting
• Process for providing operator-assisted calls during lunch hour – complaint from someone that got caught in automated system and couldn’t get out. Councilman Backman suggested changing the message – that there may be no operator during lunch hour.
• Herkimer-Oneida County Economic Development Zone Board update – will be adopting by-laws at their next meeting; State requested it but is not mandatory
• Utility storage and accessory building Code review – Councilman Waszkiewicz met with Codes Enforcement Officer Gerald Back and there are many different ways to deal with it. Suggestions included having the Planning/Zoning Standing Committee deal with this or form a Codes Update Committee to be comprised of the Codes Enforcement Officer, the appropriate Standing Committee members, the Zoning Board of Appeals Chairman and Planning Board Chairman
• Breakdown of how New Hartford property tax dollars are to be spent for 2004 Budget year either on the tax bill or a separate document – Oneida County Finance says there may be room on the Town and County tax bill to print the breakdown, or provide it on a separate sheet of paper. Councilman Waszkiewicz would like to furnish this information to the residents – tax decrease but also show how dollars are invested.

Relative to Ms. Riggles’ complaint that vehicles are parking across the sidewalk on Golf Avenue, the Police Chief confirmed that two (2) parking tickets have been issued at 8 and 10 Golf Avenue.

On recommendation of the Town Supervisor, Councilman Dave presented the following Resolution for adoption; seconded by Councilman Woodland:

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the payment of the bills itemized on the following Abstracts, which ha been duly audited by the Town Board:

General Fund, Whole-Town Abstract No. 43 $ 10,000.00

General Fund, Whole-Town Abstract No. 44 $ 107.13

General Fund, Whole-Town Abstract No. 45 $ 29,776.67

General Fund, Part-Town Abstract No. 29 $ 4,959.14

Highway Fund, Part-Town Abstract No. 28 $ 24,890.35

Sewer Fund Abstract No. 19 $ 2,271.69

Water Fund Abstract No. 5 $ 100.00

Drainage Abstract No. 17 $ 8,456.30

Sessions Road Project Abstract No. 2 $ 8,584.73

Bleachery Ave Bridge Abstract No. 2 $ 3,461.72

TOTAL: $ 92,607.73

Upon roll call, the Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted

The Town Supervisor excused Councilman Butler from the meeting at 8:50 P.M. due to

an emergency call received involving a family member.

The Town Supervisor inquired about the Board’s thoughts on the annual Volunteer Appreciation Luncheon sponsored jointly with the Village of New Hartford. After a brief discussion, Councilman Waszkiewicz offered the following Resolution for adoption, seconded by Councilman Woodland:

RESOLVED that the New Hartford Town Board does hereby agree to co-sponsor with the New Hartford Village Board of Trustees a Volunteer Appreciation Luncheon on Friday, December 19, 2003, commencing at 12:00 Noon at Cavallo’s Restaurant.

The Board members were polled individually as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

(Councilman Butler - ABSENT)

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Supervisor Humphreys has reviewed the package offer prepared by Peter Jones, Attorney representing the Town – need to make some minor changes – need to get a statement from Officer Manfredo who was hired full-time but has been working part-time w/no benefits (get a letter). Once done, the Union will sign the contract. The Supervisor asked permission to sign the contract; after a brief discussion, the following Resolution was introduced for adoption by Councilman Backman and duly seconded by Councilman Woodland:

RESOLVED that the Town Board of the Town of New Hartford does hereby grant permission to Town Supervisor Humphreys, contingent upon approval of Attorney Peter Jones, to execute the Police Benevolent Association Union Contract once "loose ends" are tied up.

The Supervisor noted that starting in 2004, the Police workweek will be 8.25 hours (.25 hrs "show up" pay) a day with overtime earned after the 8.25 hours. Thereafter, the Town Supervisor requested a vote upon roll call that resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

(Councilman Butler - ABSENT)

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

The Town Supervisor is working with the Personnel Assistant to change the eligibility for retirement with continued health coverage from "10 years" to "20 years". Councilman Waszkiewicz will review the current Handbook and discuss at a later date.

With regard to this legislation introduced at the November 19, 2003 Town Board meeting, Attorney Rossi suggested the language be amended to recite the adoption of the terms and conditions in State Law. Thereafter, Councilman Backman introduced the legislation, as amended; co-sponsored by Councilman Waszkiewicz:

A Local Law to amend the Code of the Town of New Hartford, Chapter 107 thereof,

entitled TAXATION, by adding a new Article VI, Partial Real Property Tax Exemption of Living Quarters for Parent or Grandparent.

BE IT ENACTED by the Town Board of the Town of New Hartford as follows:

SECTION 1. Chapter 107 of the Code of the Town of New Hartford, is hereby amended by adding the following new Article:

Section 1. Statutory Authority

This article is adopted pursuant to the authority of Real Property Tax Law

Section 469. All definitions, terms and conditions of such statute shall apply to

this Article.

Section 2. Exemption Granted

The exemption authorized by the said Section 469 is hereby adopted and granted by the Town of New Hartford in accordance with the terms of New York State Real Property Tax Law Section 469.

SECTION 2. All other provisions of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.

SECTION 3. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

The Public Hearing will remain on December 17, 2003 as previously scheduled.

Councilman Backman introduced the following Resolution for adoption and Councilman Woodland seconded same:

RESOLVED that the New Hartford Town Board does hereby move to enter into an Executive Session to discuss matters leading to dismissal of a particular employee, land acquisition, contract with the New York State Department of Transportation and legal counsel regarding the Preswick Glen project.

A roll call vote ensued:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

(Councilman Butler - ABSENT)

Councilman Backman - Aye

Supervisor Humphreys - Aye.

Thereafter, the Resolution was declared unanimously carried and duly adopted. All persons present, including the news media, Town Clerk and Deputy Clerk, were then

excused from the meeting at 9:08 P.M. Attorney Rossi and the Highway Superintendent remained.

[NOTE: Supervisor Humphreys provided the following information on Thursday, December 4, 2004. Councilman Butler rejoined the meeting at 9:30 P.M.]

Councilman Waszkiewicz then offered the following Resolution for adoption and Councilman Woodland seconded same:

RESOLVED that the New Hartford Town Board does hereby move to end its Executive Session and to reconvene the regular portion of the Town Board meeting.

The Board members voted upon roll call that resulted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted; the Executive Session ended at 10:02 P.M. The regular portion of the Town Board meeting was reconvened at 10:02 P.M.

Upon recommendation of the Highway Superintendent, the following Resolution was introduced for adoption by Councilman Woodland and seconded by Councilman Butler:

WHEREAS, a Highway Department employee has been out on disability for an extended period of time, leaving vacant a critical position on the second (2^nd) shift during the Winter Season;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Brian Smith as a Temporary, Full-time Laborer effective Thursday, December 4, 2003, at an hourly wage of Nine Dollars ($9.00), payable bi-weekly.

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Supervisor Humphreys - Aye.

The Supervisor declared the Resolution unanimously carried and duly adopted.

There being no further business to come before the Town Board, upon motion duly made by Councilman Waszkiewicz and seconded by Councilman Butler, the meeting was adjourned at 10:07 P.M.